Can I require a non-exempt employee to take comp time instead of being paid overtime?

As a supervisor, you have the right to require an employee to work overtime. However, you CANNOT require an employee to accept comp time. Under the regulations the employee must have the choice to either be paid overtime or given comp time. You can ask an employee to work overtime and tell them that you can only offer comp time for the additional hours. In this case, the employee can either accept that or not. If they don’t accept it and it’s critical that you have the employee work overtime, then you will need to pay the employee overtime.

How does lunch time work for salaried non-exempt employees?

As the supervisor, you have the option to configure automatic lunch deductions of an hour or 30 minutes so that employees does not have to clock in and out each day. However, you also have the option to require the employee to clock in and out for lunch day. The Payroll Department will address setting up a lunch deduction during the training they offer. Note that if employees work during lunch and this results in a total of hours worked, vacation, and sick time in excess of 40 hours in the work week the employee must be paid overtime.

How will my non-exempt employees report overtime?

All of your employees’ work time will be recorded in TimeClock Plus so at the end of each day, employees can see what their hours are for the workweek. Overtime will be calculated when employees accrue more than 40 hours in the workweek. Keep in mind that sick, vacation, and personal leave also count towards the 40 hours in a workweek. As the supervisor, your employees' timecards need to be reviewed and approved by noon on Tuesday for the hours worked in the previous week.

Can my employee work “off the clock” and just not claim any overtime?

When an employee works “off the clock,” it means that they are working hours that are not recorded and are unpaid. These hours would also be excluded from any overtime calculation. It is against Ohio state and federal laws for an employee to work off the clock. If you discover your employee is doing this, you need to explain to them that this is not permissible. Note that if an employee continues to work “off the clock,” then the supervisor should begin the appropriate disciplinary action with the employee and in consultation with the Employee Relations Department.

Does an employee need to be paid for overtime if I did not approve it?

Yes. If non-exempt employees work overtime hours they must be paid, even if unapproved. That is why it is critical to establish how overtime approval will be managed and communicated to everyone in your unit. The guidance for affected employees should reiterate that employees should seek approval before working any overtime, but you can help by establishing rules in your unit for seeking approval in advance for projects or events that may be deadline-driven and require additional hours.

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